Commonwealth Bank of Australia, In the matter of Rigg v Rigg [2001] FCA 1005

Commonwealth Bank of Australia, In the matter of Rigg v Rigg [2001] FCA 1005

No sufficient basis was shown to grant discovery or adjournment as the allegations of fraud or sale at undervalue were not adequately supported by evidence; the requirements for a sequestration order under s 52 Bankruptcy Act 1996 (Cth) were satisfied.

Parties
Applicant: Commonwealth Bank of Australia; Respondent: Anthony Thomas Rigg; Respondent: Dorothy Anne Rigg
Jurisdiction
Australia
Judgment Date
16 July 2001
Procedural Posture
Bankruptcy Petition / Final Judgment and Orders
Outcome
sequestration order granted against the estates of Anthony Thomas Rigg and Dorothy Anne Rigg; costs to be taxed and paid from the estates; copy of order to be given to Official Receiver
Legal Topics
Sequestration, Acts of Bankruptcy, Debt Enforcement, Discovery, Adjournment, Fraud Allegations in Debt Proceedings
Bankruptcy Sequestration Acts of Bankruptcy Debt Enforcement Discovery Adjournment Fraud Allegations in Debt Proceedings

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Parties

Commonwealth Bank of Australia

Applicant

Anthony Thomas Rigg

Respondent

Dorothy Anne Rigg

Respondent

Procedural Posture

Bankruptcy Petition / Final Judgment and Orders

Legal Issues

  1. 1 Whether orders for discovery or adjournment should be granted in bankruptcy petition proceedings
  2. 2 Whether allegations of fraud, padding of debt or sale at undervalue justify adjournment or further discovery
  3. 3 Whether acts of bankruptcy under s 52 of the Bankruptcy Act 1996 (Cth) are satisfied

Ratio Decidendi

No sufficient basis was shown to grant discovery or adjournment as the allegations of fraud or sale at undervalue were not adequately supported by evidence; the requirements for a sequestration order under s 52 Bankruptcy Act 1996 (Cth) were satisfied.

Court Disposition

sequestration order granted against the estates of Anthony Thomas Rigg and Dorothy Anne Rigg; costs to be taxed and paid from the estates; copy of order to be given to Official Receiver

Orders

  • The estates of Anthony Thomas Rigg and Dorothy Anne Rigg be sequestrated.
  • The applicant's costs, including any reserved costs, be taxed and paid from the estates of the respondents in accordance with the Bankruptcy Act 1996 (Cth).